The appellant had been out drinking for the evening and became stranded with no money or lift home. She went to a friend’s house and knocked on the door. There was no answer, so believing her friend would consent in the circumstances, she broke into the house. In fact the house did not belong to her friend.

Held:

The rule set out in DPP v Majewski that a person can not rely on a mistake induced by voluntary intoxication where the crime is one of basic intent does not apply where the defendant is relying on the special defence under s.5(2)(a) of the Criminal Damage Act 1971 since it only requires the belief to be genuine.